In the context of these terms and conditions, the following words shall have the following meanings:
"the OTHER media" means the OTHER media (tOm), a company registered under the number 3468671, having its registered offices at: The Pavilion, 1 Newham’s Row, London, SE1 3UZ.
"The Website" means www.othermedia.com
"The Material" means all of the information, data, text, graphics, links or code published on, contained or available on the Website.
"User" means the individual, firm, company or organisation accessing this website.
2. Applicable terms and conditions
The Website is owned by the OTHER media and any use of this site is subject to these terms and conditions. The OTHER media may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
3. Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use the information contained therein for their own purposes, provided that:
3.1. It is solely used for information purposes and reproduced for personal use only. It is not for reproduction on any other website or for commercial gain without permission.
3.2. No part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of the OTHER media.
4. Copyright and trade marks
4.1. Copyright in the Material is owned by the OTHER media and its contributors. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of the OTHER media or, where applicable, the respective copyright owner(s) is prohibited.
4.2. The names and logos of the OTHER media and all related product and service names (i.e. OTHERcommerce, OTHERclicks, designs marks and slogans are the trade names, service marks or trade marks of the OTHER media and may not be used without prior consent.
4.3. All works in the nature of databases attract database rights.
The Website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or not taking any action based on information contained in this Website. So far as permissible by law, the OTHER media does not accept any liability to any person relating to the use of any such information.
Whilst the OTHER media has taken every precaution in compiling this site, neither it nor, any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation based on information contained in or accessed through this website.
6. Warranty and indemnity
The User warrants to the OTHER media that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner.
The User shall indemnify the OTHER media, its employees and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against the OTHER media, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
7. Limitation of liability
the OTHER media hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose).
In no event shall the OTHER media be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if the OTHER media has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
8. Third party websites
The Website contains links to websites operated by parties other than the OTHER media. Such links are provided for the User's convenience only. the OTHER media does not control such websites, and is not responsible for their content.
the OTHER media’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
9. Privacy and Data Protection
Our Privacy Statement can be read in full here.
Whilst the OTHER media makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
11. Force majeure
the OTHER media shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
12.1. If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
12.2. These terms and conditions constitute the entire agreement between the OTHER media and the User and supersede all other communications and proposals, whether electronic or written, between the User and the OTHER media.
12.3. Any failure of the OTHER media to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.